Wrongful Death Attorneys in Phoenix
Losing a loved one under any circumstances is traumatic and difficult. When your family member suffers an untimely and unnecessary death due to someone else’s negligence, it is even more difficult for your family. During this difficult time, you need someone to help you and your family seek justice and financial compensation. You need the support of a Phoenix wrongful death lawyer from Gallagher & Kennedy.
While the legal process may not be the first thing on your mind, it is something you must address. Even if you are not thinking about money now, you may feel an immense financial loss that you need to recoup from the legal process in the coming days. In addition, monetary compensation is also a way to get justice from the person responsible for your loved one’s death.
Call us today at (602) 755-3737 or contact us online to receive a free consultation.
Seeking Justice After a Wrongful Death in Phoenix
Phoenix personal injury cases seek compensation when you have suffered a loss or injury because of someone else’s wrongful actions. In this case, the personal injury your family has suffered is the loss of a family member with whom you had a close, loving relationship. The untimely death of a loved one has a devastating effect on a family. It hurts you financially, and families will never be the same, collectively and individually.
Filing a wrongful death action means that your family must prove that someone else caused your loved one’s death. Like every other personal injury case, you demonstrate that someone else should be liable by proving that they were negligent. To achieve this, your experienced attorney must prove that someone else acted unreasonably under the circumstances.
Here are some examples of things that courts may consider negligence in a wrongful death case:
- A driver runs a red light and hits your loved one on the driver’s side in a T-bone crash.
- A doctor fails to anticipate risk factors and does not order an emergency c-section, resulting in the death of a child or mother in the delivery process.
- A truck driver falls asleep behind the wheel because they were violating hours of service rules and hits your family member in a head-on crash.
- A driver does not see a crosswalk because they are looking down at their phone, and they hit your loved one crossing the road.
- A restaurant owner does not limit the number of people on a patio, and your loved one loses their life in a deck collapse.
Types of Phoenix Wrongful Death Claims We Handle
At Gallagher & Kennedy, our Phoenix wrongful death lawyers have helped grieving families file claims and lawsuits seeking justice. We know the obstacles you face after losing a loved one, and we work quickly to help you overcome those obstacles and collect the compensation you need to move forward in your life. Some of the Phoenix wrongful death claims we have handled include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Premises liability cases
- Medical malpractice claims
- Bicycle accidents
- Pedestrian accidents
How Do I Prove a Wrongful Death Case?
Wrongful death occurs under Arizona law when a fatality results from someone else’s wrongful act, neglect, or default. A claimant may have the right to bring a wrongful death claim against the responsible party if the deceased individual would have had grounds to file a personal injury claim had they survived their injuries.
Proving a wrongful death case can be a complex process, and it typically requires gathering evidence to demonstrate that someone else’s negligence or intentional actions led to the death. It’s vital to work with an experienced Phoenix wrongful death attorney, who can help establish the following:
Duty of Care
Your attorney must show that the defendant owed a duty of care to the deceased. This duty of care could vary depending on the circumstances, such as in medical malpractice, car accidents, or other situations.
Breach of Duty
Your lawyer needs to demonstrate that the responsible party breached their duty of care through negligence, recklessness, or intentional actions. This may involve showing that the defendant failed to meet the standard of care expected in the given situation.
Causation
Your attorney must establish a direct link between the breach of duty and the death. They need to show that the actions or negligence of the defendant directly caused or substantially contributed to the death.
Damages
Finally, your attorney must prove the specific damages you suffered as a result of the wrongful death. This can include economic damages such as medical expenses, funeral expenses, and burial costs, as well as non-economic damages like pain and suffering or loss of companionship.
To prove these elements in your wrongful death case, your attorney must collect relevant evidence, such as medical records, witness statements, and accident reports. They may also consult with expert witnesses, such as medical professionals or accident reconstruction specialists, who can provide testimony to support your claims and explain complex issues to the court.
Remember, the specific requirements for proving a wrongful death case may vary depending on the jurisdiction and the nature of the incident. Seeking the advice of a qualified attorney is crucial for navigating the legal complexities associated with wrongful death claims. An experienced Phoenix wrongful death lawyer to piece together what occurred and assemble a strong case that they can use in a wrongful death suit or insurance claim.
What Wrongful Death Damages Can You Claim in Phoenix?
A wrongful death lawsuit pays your family for what they have lost, not what the deceased person went through.
When your loved one dies unexpectedly, your family can suffer in many ways, and you may be able to recover compensation for damages such as:
Economic Damages
- Medical Expenses: This may include the costs of medical treatment and care for the deceased person before their death.
- Funeral and Burial Expenses: The expenses related to the funeral service and burial arrangements may be claimed.
- Lost Earnings: If the deceased was the primary breadwinner, the family may seek compensation for the lost wages and potential future earnings.
Non-Economic Damages
- Pain and Suffering: Compensation for the physical and emotional pain the deceased experienced before their death.
- Loss of Consortium: This refers to the loss of companionship, love, and support that the surviving family members experience.
- Emotional Distress and Mental Anguish: Family members may seek damages for the emotional trauma and distress caused by the wrongful death.
Punitive damages
In certain rare cases, the court may award punitive damages to the surviving family members if it finds the defendant acted with extreme negligence, unlawfulness, or wanton disregard for people’s lives. Punitive damages are meant to punish the wrongdoer and send a message to others not to engage in that sort of behavior. The court only awards these types of damages at its own discretion, and there’s no guarantee you will receive them.
Each wrongful death case is unique, and how much compensation you could receive depends on the circumstances of your case. Additionally, Arizona law may have specific provisions and limitations regarding wrongful death claims, so consulting with a legal professional with experience handling wrongful death cases in Phoenix is crucial for accurate and personalized advice.
If you need specific legal guidance, consider contacting a personal injury attorney at Gallagher & Kennedy to discuss the details of your case.
Understanding Arizona’s Wrongful Death Laws
What to Know When Filing a Wrongful Death Claim
Arizona’s wrongful death laws are designed to give surviving family members a legal path to accountability when a person dies because of someone else’s negligence. While the statutes can be technical, the core idea is simple: if the deceased could have filed a personal injury claim had they survived, their eligible survivors may now bring that claim on their behalf.
Who Can File a Wrongful Death Claim?
Under Arizona law (A.R.S. § 12-612), only specific individuals may file a wrongful death claim:
- The surviving spouse
- The surviving children
- The surviving parents or guardians
- The personal representative of the estate (when no qualifying family member is available)
Arizona law only allows for one wrongful death lawsuit against a defendant. The family members must join one case and work together to advance the lawsuit. The hope is that everyone can agree on the necessary actions. Arizona law does not allow siblings, grandparents, life partners, or extended family to file unless they are also the personal representative of the estate
How Fault Works in an Arizona Wrongful Death Claim
Arizona follows a pure comparative fault system. This means compensation is reduced by the percentage of fault assigned to the deceased—but the family can still recover damages even if their loved one was found mostly at fault.
Example:
If damages total $500,000 and the deceased is found 20% at fault, the recoverable amount is $400,000.
Deadline to File a Claim (Statute of Limitations)
Most wrongful death cases must be filed within two years of the date of death (A.R.S. § 12-542).
Shorter deadlines may apply if:
- The claim involves a public entity
- The death occurred due to a government employee
Failing to file in time almost always prevents recovery, which is why early evaluation is essential.
What is a Survival Action?
In some cases, you may seek compensation for what your loved one endured between their accident and death if your loved one did not die immediately. These claims are called survival actions.
For example, in a product liability case for a dangerous medication, your loved one may have lived for years with cancer before they eventually succumbed to it. The responsible party must also pay for these damages. Instead of the family filing a wrongful death claim, the deceased person’s estate will file a survival action. The decedent’s personal representative can file these claims on behalf of the decedent’s estate.
Damages in a survival action may include:
- The medical bills necessary to treat your loved one
- Income that they did not earn between the time of their injury and death
- The pain and suffering that they endured as a result of their injury
- The loss of enjoyment of life between their injury and death
Your loved one’s estate will divide the damages from a survival action per their will’s terms.
Settlement Options in a Phoenix Wrongful Death Claim
The money you get in a wrongful death settlement must last because it needs to take care of your family for a long time. Your family cannot afford to make poor financial decisions with the money because there is no more where it came from. Accordingly, you will need to plan to manage the settlement money. Generally, there are two options for how to get your wrongful death proceeds:
- You can take a structured settlement that pays you money over time. Some families find this preferable if they cannot manage money well.
- You can take all the money at once in a lump sum payment. If you do this, get financial advice about managing and preserving your money.
How Can a Lawyer Help with My Wrongful Death Claim?
Your family does not have to go through the legal process alone. Gallagher & Kennedy is one of Arizona’s most respected wrongful death practices, and we are ready and willing to help your family. We have helped hundreds of other families over the last 25 years cope with the legal issues involved after the loss of a loved one. Our legal team is here to help you hold individuals and entities responsible for their misconduct in causing the death of your loved one.
The insurance company wants to make money, not help your family by paying the full damages that their policyholder’s carelessness or recklessness caused you.
If you do not have an attorney, you may recover far less than you deserve—if you get any money.
Here is what a Phoenix wrongful death attorney from Gallagher & Kennedy can do for you and your family:
- Spare you and your family from the legal details during this challenging time
- Investigate the circumstances behind your loved one’s death, gathering the evidence that will be necessary to prove that someone else must pay for your family’s damages
- File a lawsuit on your family’s behalf or a claim with the insurance company if that is the best legal strategy
- Estimate the damages that your family has suffered as a starting point for settlement negotiations
- Discuss possible compensation as part of a settlement agreement, either after filing a lawsuit or an insurance claim
- Try your case before a jury if you cannot reach a settlement agreement
At Gallagher & Kennedy, we help you every step of the way with compassion and a commitment to providing the best client service possible.
Why Choose Gallagher & Kennedy for Your Phoenix Wrongful Death Case?
Contacting an experienced wrongful death lawyer in Phoenix is the first step to take in the legal process to obtain compensation through a legal action, such as a wrongful death claim. The legal team of Gallagher & Kennedy is ready to help surviving family members obtain financial compensation following a fatal accident through a civil claim or wrongful death lawsuit.
With more than 45 years of collective legal experience, our Phoenix wrongful death attorneys have the skills and resources to handle your wrongful death claim effectively and help you get the full compensation you deserve.
Our Results
Our law firm is proud to have obtained considerable financial compensation for grieving families through wrongful death cases, including:
- $1.55 million for a fatal bicycle crash
- $3 million for a fatal aircraft accident
- $2.25 million for a young inmate who suffered fatal medical negligence in jail
We have also recovered many other substantial settlements and verdicts for surviving family members, and we are fully prepared to help you get the maximum amount allowed under Arizona wrongful death law.
Wrongful Death Dangers in Phoenix
There are many risks of wrongful death around Phoenix, including high-speed crashes on I-10, swimming pool accidents, or pedestrian collisions at 75th Avenue and Indian School Road. No matter how your loved one died, always take time to learn about your legal rights. We’re here to help, so reach out today.
Frequently Asked Questions About Wrongful Death Claims in Arizona
Who is allowed to file a wrongful death lawsuit in Arizona?
Under Arizona law (A.R.S. § 12-612), only specific individuals may bring a wrongful death claim: the surviving spouse, surviving children, surviving parents, or a court-appointed personal representative. If no qualifying family member is available, the estate’s personal representative may file on behalf of all beneficiaries. Arizona allows only one wrongful death action, so eligible family members must join a single claim.
How do I know if my family has a valid wrongful death case?
A wrongful death claim exists when someone’s negligent, reckless, or wrongful act caused a death that could have supported a personal injury claim had the person survived. Evidence of negligence can include unsafe driving, medical errors, hazardous property conditions, defective products, or failures to follow safety rules. If liability is unclear, an attorney can review evidence, gather expert input, and assess whether negligence contributed to the loss.
What damages can families recover in a wrongful death claim?
Surviving family members may seek compensation for both economic and non-economic losses, including medical expenses before death, funeral and burial costs, loss of income and financial support, emotional grief, and loss of companionship. In rare cases, punitive damages may apply if the defendant acted with extreme disregard for safety. Every case is different, and damages reflect each family’s unique circumstances.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for what they have lost.
A survival action compensates the estate for what the deceased endured between the injury and death—such as medical bills, lost wages, or pain and suffering. Survival actions are filed by the estate’s personal representative and are distributed according to the will or state law. Some cases involve both claims.
How long do we have to file a wrongful death lawsuit in Arizona?
In most cases, families have two years from the date of death to file a wrongful death lawsuit (A.R.S. § 12-542). Claims involving public entities may require notice within 180 days, which makes early legal evaluation critical. Missing a deadline usually means losing the right to recover compensation.
What happens if my loved one was partially at fault for the accident?
Arizona follows a pure comparative fault system. This means the family may still recover compensation even if the deceased was partially responsible—any award is simply reduced by their percentage of fault. For example, if the deceased was 20% at fault, the final recovery is reduced by 20%. Comparative fault does not bar a claim.
How are wrongful death cases proven?
To establish liability, a lawyer must show the defendant owed a duty of care, breached that duty, caused the death, and that the family suffered measurable damages. Proving this often requires obtaining accident reports, medical records, witness statements, expert analysis, and sometimes reconstruction evidence. Because wrongful death claims are complex, families benefit from early legal assistance.
How long does a typical wrongful death case take?
Timelines vary widely. Some claims resolve in several months; others—especially those involving trucking companies, medical institutions, product manufacturers, or disputed liability—may take 12–24 months or more. Cases involving government entities or complex expert analysis may also require additional time.
What if the deceased received medical care before passing away?
If your loved one survived for any period after the injury, additional claims for pre-death pain and suffering, medical bills, and lost income may be available through a survival action. These damages belong to the estate and are separate from the family’s wrongful death claim.
Do wrongful death cases always go to trial?
No. Many cases resolve through negotiation once the evidence is fully developed. However, some claims—especially those with disputed liability or high damages—may proceed to litigation. Having a trial-ready legal team strengthens leverage in both settlement discussions and courtroom proceedings.
Contact the Phoenix Wrongful Death Lawyers at Gallagher & Kennedy Today
The law firm of Gallagher & Kennedy fights on behalf of families when they have suffered the most significant loss of all from someone else’s recklessness or carelessness. Nothing can replace your loved one. You can lessen the other losses your family suffered.
We see firsthand the devastation families experience from a tragic loss, and our personal injury lawyers are here to help. We will handle your case diligently and will exercise the greatest degree of compassion when dealing with you and your grieving family.
To begin the legal process of obtaining monetary damages after a fatal accident or wrongful death, call us today at (602) 530-8400 or contact us online for your free and confidential consultation.